1.1
The Senate Legal and Constitutional Affairs Legislation Committee (the committee) examined the proposed 2022–23 expenditure of the Home Affairs portfolio and the Attorney-General’s portfolio at public hearings held on 31 March, and 4 and 5 April 2022.
1.2
This report does not attempt to analyse the evidence presented to the committee; however, it does outline the key issues considered by the committee during its examination of the 2022–23 expenditure.
Referral of documents
1.3
On 29 March 2022, the Senate referred the following documents to committees for examination and report:
particulars of proposed expenditure in respect of the year ending on 30 June 2023;
particulars of certain proposed expenditure in respect of the year ending on 30 June 2023;
particulars of proposed expenditure in relation to the parliamentary departments of the year ending on 30 June 2023;
particulars of proposed expenditure in respect of the year ending on 30 June 2023 [Supply Bill (No. 1) 2022–2023];
particulars of certain proposed expenditure in respect of the year ending on 30 June 2023 [Supply Bill (No. 2) 2022–2023]; and
particulars of proposed expenditure in relation to the parliamentary departments in respect of the year ending on 30 June 2023 [Supply (Parliamentary Departments) Bill (No. 1) 2022–2023].
1.4
The Portfolio Budget Statements (PBS) for 2022–23 were tabled in the Senate on the same day.
Portfolio oversight
1.5
The committee is responsible for examining the proposed expenditure of the departments and agencies within the Home Affairs and Attorney-General’s portfolios.
Questions on notice
1.6
In accordance with Standing Order 26, the committee has drawn the attention of the departments and their agencies to the agreed deadline of Friday, 20 May 2022 for the receipt of answers to questions taken on notice.
1.7
This report has been prepared without reference to any responses to questions on notice.
1.8
Tabled documents from the hearing, along with responses to questions on notice and additional information provided to the committee, are tabled in the Senate and uploaded to the committee’s website.
Hansard transcripts
1.9
A transcription of the committee’s hearings is made via the Committee Hansard, which is published on the estimates webpage.
1.10
References in this report are to the proof Committee Hansard. Page numbers may vary between the proofs and the final versions of the Committee Hansard.
Home Affairs portfolio
1.11
At its hearings on 31 March and 4 April 2022, the committee examined the outcomes of the Home Affairs portfolio. Evidence was presented by Senator the Hon Amanda Stoker on behalf of the Minister for Home Affairs and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs and Senator the Hon Bridget McKenzie, the Minister for Emergency Management and National Recovery and Resilience. Senior officers from the Home Affairs portfolio also gave evidence, including the Secretary of the Department of Home Affairs, Mr Michael Pezzullo AO.
1.12
The committee took evidence from the following departments and agencies.
Australian Federal Police (AFP);
Australian Security Intelligence Organisation (ASIO);
Australian Criminal Intelligence Commission (ACIC) and Australian Institute of Criminology;
Australian Transaction Reports and Analysis Centre (AUSTRAC);
Office of the Special Investigator (OSI); and
Department of Home Affairs (including Australian Border Force (ABF)).
Key issues
1.13
The committee discussed a wide range of topics relating to the Home Affairs portfolio, including those outlined in the following sections.
Australian Federal Police
1.14
Commissioner Reece Kershaw APM made an opening statement.
1.15
Key issues discussed included:
protective security arrangements for parliamentarians and candidates during the upcoming federal election campaign;
a memorandum of understanding between the government of the People’s Republic of China and the government of Solomon Islands in relation to cooperation on police and security;
powers available to the AFP under the Surveillance Legislation Amendment (Identify and Disrupt) Act 2021;
performance of the Criminal Assets Confiscation Taskforce;
the threat posed by convicted terrorists who have finished serving their sentences and the establishment of a national terrorist register;
the AFP’s response to information it was provided about an alleged Sri Lankan war criminal, Mr Jagath Jayasuriya, being in Australia;
the AFP’s involvement in the seizure of Australian assets owned by foreign nationals;
the number of people in attendance at a rally outside Australian Parliament House on 19 February 2022;
the fire at Old Parliament House on 30 December 2021 and the work of the Operation Pike joint taskforce;
budgeted expenses for Program 1.1: Federal Policing – Investigations; and
AFP’s engagement with police forces in the Pacific region.
Australian Security Intelligence Organisation
1.16
The Director-General of Security, Mr Mike Burgess, made an opening statement.
1.17
Key issues discussed included:
the decision to exclude high-risk vendors from the Australian 5G telecommunication network;
the Foreign Influence Transparency Scheme;
the effect of the Russian invasion of Ukraine, and disinformation in relation to it, on issue-motivated violent extremists and movements;
the role of online conspiracy theories, including QAnon, in protests, radicalisation and violence; and
foreign interference and espionage in the Australian university and research sectors.
Australian Criminal Intelligence Commission and Australian Institute of Criminology
1.18
Key issues discussed included:
professional background of examiners employed by the ACIC;
progress on the development of the National Criminal Intelligence System;
the national wastewater drug monitoring program and the illicit drug market in Australia.
Australian Transaction Reports and Analysis Centre
1.19
The Chief Executive Officer of AUSTRAC, Ms Nicole Rose PSM, made an opening statement.
1.20
Key issues discussed included:
AUSTRAC’s role in monitoring financial flows relating to Russian illicit financing and sanctions evasion;
potential benefits to AUSTRAC’s intelligence gathering and analysis functions if Australia implemented tranche two of the anti-money laundering and counter-terrorism financing regime; and
AUSTRAC’s enforcement investigations and compliance activity, including in the pubs and clubs sector.
Office of the Special Investigator
1.21
Key issues discussed included:
general operations of the OSI, including in relation to the Brereton inquiry;
the process for recruiting investigators; and
the effect of the security situation in Afghanistan on the OSI’s evidence-gathering capabilities.
Department of Home Affairs (including Australian Border Force)
1.22
Mr Pezzullo AO and Mr Michael Outram APM, Commissioner of the ABF, made opening statements.
1.23
Key issues discussed included:
cyber security in public sector agencies;
requests for information on QAnon from the Prime Minister, the Prime Minister’s office, the Department of the Prime Minister and Cabinet and the Minister for Home Affairs’ office;
the presence of Home Affairs or ABF officers near the Polish-Ukrainian border;
the process that the Department of Home Affairs follows in providing advice to the Minister for Home Affairs;
the number of cases that have been raised with the Parliamentary Liaison Network (PLN), the number of staff engaged in responding to those cases and the PLN’s service standards;
reopening of the Australian border to international arrivals and preparations for the uplifting of the Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) Declaration 2020 on 18 April 2022;
the date for when the Digital Passenger Declaration will become fully operational;
departmental expenses and revenue outlined in Section 3 of the Home Affairs PBS 2022–23;
requests made by the Department of Home Affairs to social media platforms to remove terrorist and violent extremist content, including any engagement that the department may have had with social media platforms in relation to the removal of QAnon content;
dissemination of disinformation, misinformation, and propaganda in relation to COVID-19 and the Russian invasion of Ukraine via Telegram;
protection of privately owned critical infrastructure from cyberattacks under the Security Legislation Amendment (Critical Infrastructure) Act 2021 and the Security Legislation Amendment (Critical Infrastructure Protection) Bill 2022;
provision of advice from the Department of Home Affairs to the Department of the Treasury in relation to the cybersecurity aspect of the Small Business Technology Investment Boost that was announced in the 2022–23 Budget;
matters relating to round six of the Safer Communities grants program, including funding, the number of applications, the number of projects approved, the process used to select projects, and measures to evaluate the outcomes of completed rounds;
airport and aviation security;
the operation of the National Emergency Declaration Act 2020 and Emergency Management Australia’s role in briefing and advising the Prime Minister about the declaration of a national emergency due to floods in New South Wales and Queensland;
grants issued to schools to employ security guards under round six of the Safer Communities grants program;
the National Plan to Combat Cybercrime;
budgeted expenses for Outcome 1 outlined in the Department of Home Affairs PBS 2022–23;
security checks for employees working in the aviation and maritime sectors;
budgeted expenses associated with offshore processing outlined in the Department of Home Affairs PBS 2022–23;
visa processing arrangements for Ukrainian nationals and engagement with the Ukrainian-Australian community;
the Australia-New Zealand refugee resettlement agreement;
matters relating to the settlement of Afghan nationals in Australia including the number of humanitarian visas available, the provision of settlement services, the role of the Afghan diaspora in Australia in supporting recent arrivals, and the provision of mental health services for Afghan refugees and Department of Home Affairs employees;
an employee of the Department of Home Affairs who is accused of child sexual assault offences;
exit requirements relating to vaccination status for Australian citizens, permanent residents, and foreign citizens;
the Murugappan family (the family from Biloela);
transitory people currently in held detention in Australia and a brief for ministerial decision relating to 25 of those people;
the Australia-United States refugee resettlement agreement;
the number of illegal maritime arrivals in Nauru that have been granted Nauruan visas and the number of illegal maritime arrivals that resettled in Papua New Guinea;
advance notice of release provided to detainees released from held detention and support services available to them following their release;
engagement between the Australian government and the government of Papua New Guinea in relation to the Australia-New Zealand refugee resettlement agreement;
matters relating to the Australian Agriculture Visa Program including the number of agriculture visas granted, a memorandum of understanding (MOU) signed by the Department of Foreign Affairs and Trade and Vietnam, the process of operationalising that MOU, and the proposed operation of the agriculture visa program;
the number of 786 visas available for Ukrainian nationals and the number of humanitarian visas available to people from Myanmar;
consultation between the Australian government and the Department of Home Affairs before discussions with the Indian government about a free trade agreement and the Australian Agriculture Visa Program;
operation of the partner visa program on a demand-driven basis;
the Future Maritime Surveillance and Response Capability project;
modernisation and simplification of import screening systems;
the Civil Maritime Surveillance Contract and the ANAO’s performance audit into the Department of Home Affairs’ management of it;
matters relating to people currently in alternative places of detention including the total number, notification process including timeframes, post-detention support arrangements, and the average length of detention;
the operation of the detention facility on Christmas Island and the disturbance that occurred there on 12 March 2022;
the number of ABF vessels operating with COVID-19 positive cases on board and the process undertaken when staff are COVID-19 positive; and
plans for an updated ‘stress test’, similar to one conducted in 2018, that incorporates lessons from the COVID-19 pandemic and examines the ability of the Department of Home Affairs to assist the Department of Health during a pandemic scenario.
Attorney-General’s portfolio
1.24
At its hearings on 4 April and 5 April 2022, the committee examined the outcomes of the Attorney-General’s portfolio. Evidence was provided by the Attorney-General, Senator the Hon Michaelia Cash, the assistant minister to the Attorney-General, Senator the Hon Amanda Stoker, and senior officers of the Attorney-General’s portfolio, including the Secretary of the Attorney-General’s Department, Ms Katherine Jones PSM.
1.25
The committee took evidence from the following department and agencies within the Attorney-General’s portfolio:
Administrative Appeals Tribunal (AAT);
Attorney-General’s Department (AGD);
Australian Human Rights Commission (AHRC);
Federal Court of Australia and Federal Circuit and Family Court of Australia;
Office of the Australian Information Commissioner;
Royal Commission into Defence and Veteran Suicide; and
Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (Disability Royal Commission).
Key issues
1.26
The committee discussed a wide range of topics relating to the Attorney-General’s portfolio, including those outlined below.
Attorney-General’s Department
1.27
Key issues discussed included:
the public interest immunity claim raised by the Attorney-General in relation to the quantum of the settlement of sexual harassment claims against the former High Court justice, the Hon Dyson Heydon AC QC;
2022–23 budget measures for the Attorney-General’s Department, including funding for the family law system, family violence, legal assistance in relation to the recent floods in New South Wales and Queensland, the Financial Legal Rights Centre, Commonwealth Director of Public Prosecutions (CDPP), OAIC, and the AAT;
CDPP increase in complex matters, including international organised crime prosecutions, corporate criminal matters, espionage, foreign interference, and money laundering offences;
the issuance of a Section 78B notice under the Judiciary Act 1903 in the matter of Camenzuli v Morrison [2022] NSWCA 51;
the national plan to prevent violence against women and children;
legal assistance offered to ministers under the Parliamentary Business Resources Regulations 2017, specifically assistance provided to the Hon Alan Tudge MP to assist with an AFP inquiry and assistance provided to the Hon Michael Sukkar MP in relation to a defamation claim;
the jurisdiction of the Federal Circuit and Family Court of Australia to hear matters that commenced in the Family Court of Australia prior to its amalgamation with the Federal Circuit Court on 1 September 2021;
the status of the Social Media (Anti-Trolling) Bill 2022;
funding for the Aboriginal Legal Service and family violence; and
the Family Law (Western Australia De Facto Superannuation Splitting and Bankruptcy) Act 2020.
Administrative Appeals Tribunal
1.28
Mr Jamie Crew, Acting Registrar, made an opening statement.
1.29
Key issues discussed included:
consideration of the AAT’s administrative systems to more accurately reflect benchmarking of members’ performance;
remuneration of part-time members;
new appointments made to the AAT, including a new president;
the increase in caseload in the National Disability Insurance Scheme division; and
roles and responsibilities within the AAT, including those of the president and divisional heads.
Australian Human Rights Commission
1.30
Emeritus Professor Rosalind Croucher AM, President, made an opening statement.
1.31
Key issues discussed included:
funding for the AHRC including in relation to concerns about its internal financial management; and
the 2020–21 annual report, specifically in relation to the President’s reference to financial management in her overview.
Federal Circuit and Family Court of Australia
1.32
Key issues discussed included:
jurisdiction of Division 1 of the Federal Circuit and Family Court of Australia over matters that commenced in the Family Court of Australia prior to it merging with the Federal Circuit Court of Australia on 1 September 2021;
budget funding for the Lighthouse Project, the Launceston and Rockhampton registries, and Indigenous liaison officers; and
an update on the progress of the Federal Circuit and Family Courts since they were merged.
Office of the Australian Information Commissioner
1.33
Key issues discussed included an update of legal proceedings lodged by the Information Commissioner in the Federal Court against Facebook Inc and Facebook Ireland.
Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability
1.34
Key issues discussed included:
the national advertising campaign and the resulting increase in submissions to the Disability Royal Commission; and
supports in place for people making submissions and people registering for private sessions.
Royal Commission into Defence and Veteran Suicide
1.35
Key issues discussed included:
the approach to public submissions, including redactions and decisions not to publish; and
an update on the functions of the Royal Commission.
Acknowledgement
1.36
The committee thanks the ministers and officers who provided evidence and support for the committee’s hearings.
Senator the Hon Sarah Henderson
Chair